- (1.) The Court : The petitioner in this art.226 petition dated September 29, 2011 is seeking the following principal relief: "a) A writ in the nature of Mandamus directing the respondent authorities not to draw electricity line on the plots of lands in Mouza Nakibasan under Dag No.451, 456, within P.S. Tamluk, District Purba Midnapore."
(2.) Mr Bag appearing for the petitioner has submitted that without obtaining the petitioner's permission the licensee under the Electricity Act, 2003 has used the petitioner's property for placing electric lines; and that as a result the property of the petitioner has become unusable. He has prayed for an order directing the licensee to decide the petitioner's objection that, according to him, has remained unattended.
(3.) Mr Koley appearing for the licensee has submitted as follows. In view of the provisions of s.164 of the Electricity Act, 2003 the licensee placing the electric lines for transmission of electricity was not required to obtain the petitioner's permission for using a part of his property. In any case, in the proceedings initiated by the petitioner under s.144 CrPC the licensee submitted written objection specifically stating that steps taken by the licensee would not damage the petitioner's property in any manner whatsoever. In the objection filed by the licensee in the proceedings initiated by the petitioner under s.144 CrPC the licensee has stated that the work has been undertaken in execution of a public welfare scheme financed by the Government for the benefit and uplift of rural household of BPL beneficiaries; and that the petitioner's objection does not merit any consideration whatsoever.;